>> then victoria secret angels joining us on the curvy couch. bob massi. >> and don't be surprised if craig morgan comes back for tomorrow's show. >> that would be great. bill: morning, everybody. a fox news alert. a short-term fix for obamacare that could leave you taxpayer holding the bag. some say it looks like a bailout for the insurance companies. martha: that's a good way to start the day. i'm martha maccallum. reports that the white house could cut a deal so insurance companies could get their money since the white house doesn't have the back end setup to get paid. the insurance companies would estimate the government, here is what it will cost to cover x, y

and z. both sides would cut a check on the honor system. bill: americans have 19 days to sign up and ebb roll to get coming for 2014 and the insurance companies need to get paid. you need to keep them on board. here we go. they call it a workaround in washington. you could call it a -- a bailout. >> the subsidies are not paid from the government to each individual person. they are actually going to be paid from the government to the insurance companies on behalf of each individual person. the web site supposed to figure that out. and then it figures the subsidy

and tells the understand company. it's not even built yet. bill: you think of how long you had to set this up. this is like arbitration. we'll decide this later. >> the law was signed into law 3 1/2 years ago. the insurance company will estimate how much the government might owe them for subsidies and the government will cut them a check and they will figure it out later when the website is working. how is it going to be gotten back? it's r, fe for fraud and huge mistakes. it's a huge science and it will involve billions of taxpayer

dollars. bill: the errors are not fixed and we don't know when they will be fixed. >> when all hell broke loose they started working on the front end of the website, the part the consume sellers see first. but the back end where the actual purchases take place have not yet finished. look at obama's event yesterday. he highlighted the stories of four people. two were young people who benefited from keep your coverage on your parents until you are 26. another den fit from lifetime caps. another who was a doctor who hasn't sick. nun none of them actually purchased affordable coverage on the obamacare website. bill: they need to be even rolled, byron. >> it's just not happening.

if you listen to policy wonks in democratic circles, they are saying it's not going happen, but there will be a correct mix of older and younger people. but people in the know are saying the obama administration's goal for this is not going to happen. martha: that's the backdrop and you have got a defiant president saying no retreat and no surrender and the issue of obamacare. he launched a 20-day p.r. blitz to try to get americans signed up. >> i always said i will work with anybody to implement and improve this law. if you have got good ideas, bring them to me, let's go.

but we are not repealing it as long as i'm president. >> this bill is fundamentally flawed. causing people to lose the doctor of their choice, causing them to lose their health plan and they are having to pay much higher prices at the same time. bill: i talked to congressman kevin mccarthy and i asked him about the new accusations about the republican party, about obstructionism. we'll play that interview and you will hear his answer how the gop will fight back on that charge. martha: some strong word on capitol hill from constitutional law professors of which the president used to be one. they called the president out for what they see as overstepping the office of the

presidency. michael canyon says the president's power grab is unprecedented and it could lead to serious repercussions. >> there is one last thing to which the people can resort if the government does not respect the restraints that the constitution places on the government. abraham lincoln talks about our right to alter our government or our revolutionary right to overthrow it that's not something anyone wants to contemplate. martha: the whole thing was overseen by the chair of the house judiciary committee, bod goodlatte. bill: do you think the president is over the constitutional line? send us your tweets. we are looking forward to that coming up in 25 minutes.

martha: the fates of all those people who lost their insurance plans still hanging in the balance. there is a report in the "wall street journal" that says states are divide how to respond to that. you have 5 million people who have received cancellation notices. the president said we want commissioners in the states to hold true to that. the 30 states you see in yellow are saying okay, if you like your plan you can keep it. we'll extend it, some of them through to 2015. 14 states and washington, d.c. in the blue say no. we are not going to do what the president asked and allow you to keep your plan. five states are deciding what to

do. in kaiflt's half and half. some of the insurance companies extended and some not. stuart varney on why this is so important and there is a political division among these states. >> this is very important for the insurers and the money flowing to them which is what you and bill have been talking about. point number one. in 30 states the commissioner say yes, you can go back to your old plan. what does that mean? that means a lot of people are taken out of obamacare. that means less money flowing to the insurers on those exchanges. that's very important. less money going to the understand. in 10 largely run democrat states they say no puck not foe back to your own plan, you must go forward into obamacare. that is likely to push a lot of older, sicker people on to these

exchanges which is not what the insurers want. the presidential fix creates financial problems for the insurers and as we all know very deep in the palm care legislation there is a provision that money goes directly from the government the taxpayer to the insurers if they are not making enough profit. martha: that's always been in there and is getting a lot more attention. you look at that and say the republican states, they basically want to undermine the law and the democrat states want to uphold the law. they are saying let's stick with this so we can get all people to go into aca. republicans are saying no let's keep our relationships the way we had it. >> you can say freedom of individual choice takes precedence. if you want to stay with your old plan, republican states, we'll let you stay with your old

plan. the other side of the coin, the democrat-led states, yes, you will move toward a new plan and you will accept this different level of coverage. it's a difference in ideology that's have much come together fore within obamacare. martha: would insurance company prefer the polled way? if we stick with the plan as we had it at least we know what our income stream is. >> i think the insurers want the new way only if they get large numbers of:youngsters subsidizing large numbers of old people. but they are not going to get that. martha: it doesn't look like it. bill: south of the border a truck carrying radioactive material stolen right off the streets. how does that happen, where is

it? we have got a live look at that. martha: is america losing its place as a global leader? why americans are more worried than ever that the country is slipping and who they say is to blame. bill: new details on what led to that deadly train derailment. what we know that could explain why the driver zoned out moment before that crash. >> initially billy was traumatized by everything. he was take be to the hospital and he tried to take his thoughts together.

♪ you know, ronny... folks who save hundreds of dollars by switching to geico sure are happy. and how happy are they jimmy? i'd say happier than a bodybuilder directing traffic. he does look happy. get happy. get geico. fifteen minutes could save you fifteen percent or more on car insurance. life could be hectic. as a working mom of two young boys

angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today.

martha: we are learning more about that deadly train derailment that happened in new york. according to reports the

engineer, word is he was working a new early shift. the reports are he would have had plenty of time to have slept before this. he had plenty of time off and had every reason to be fully rested. the union leader for rail employees described this as a traffic tragic mistake. >> a momentary nod or however that might be, how long that lasts, he caught himself, but he caught himself too late. he powered down and put the train in emergency but that was 6 seconds before derailment. martha: investigators say it's too early to tell if the crash was caused by human error or a mechanical issue. bill: a stunning new poll from the folks at the pew research

center. the blue line indicates whether americans believe they are more important or less important in the world. blue line is more important. go back 9 years, 45% of the americans thought our role in the world was more important. now we are down to 17%. 9-10 years ago iraq was at such a boil, that we were at 20 per. a clear majority now believe we are less important in the world. you look at these numbers and wonder what's going on. what do you think that means?

>> this is bad because as ronald reagan used to say america is the shining city on the hill that those look to when they are looking for freedom. but obama's policy the last four years hasn't helped. he started off with his apology tour, apologizing for the things the united states has done. most recently we have seen his handling of syria didn't go well. people think vladimir putin did a much better job of handling the situation. 73% of casualties in afghanistan have happened under president obama. bill: 54-56% disapprove to how the president is handling foreign policy. 2/3 in that pew survey believe

americans view greater involvement in the global economy is a greater thing. meaning when america is a strong country it's better for the world. >> we have seen that throughout history. and when we see economies like china coming up it's important to have our own economy keep going. people like to complain about america, but when something happens in the world, the philippines, the typhoon there, when something happens in the world guess who is the first country to go, the united states military and the charities. we are divide as a country on political lines. republicans and democrats are split on how they see our influence in the world. the democrats believe the president has broken his promises.

he said we would leave iraq, afghanistan and close guantanamo bay. republicans are saying don't be apologizing for guantanamo bay when you are on foreign tour. bill: what do you think the apology tour did to our view of ourselves in the world? >> when you have the president of the united states going over to other countries and telling countries that we are the ones who are intolerant and we are the ones who made mistake. when you can look at history and without the united states world history would have been different on a lot of different levels. and it doesn't encourage people to believe in america. if the president is going around the world saying we are doing things wrong. you said back and say are we doing things wrong? bill: 70% in that survey believe the u.s. is respect less than in the past. and that goats right at a

foreign policy perspective and view that the president sought out to change and reverse. and it clearly has not happened. i think the question comes back to again why has it not? >> i think president oba at the beginning and said we are going to change those policies. i'm not george w. bush. we haven't see things go well under him. 73 per of casualties in afghanistan happened up president obama. that's five years of horrific things happening in and. we are seeing iraq fall apart. afghanistan isn't in good shape and we have seen things change. katie pavllic, thank you. martha: a liftoff that insiders

have calling a game changer. it is a private rocket now blasting off into space. i'll tell you who sent it there. bill: a man trapped under water found alive after three days. and now we can show you the incredible rescue. he is alive.

bill: private aerospace company space-x is blasting off from a rented nasa pad in florida. mostly they have been running cargo missions. but today marks the first time a major satellite operation is in orbit. martha: this is a nasty winter storm slamming parts of the rockies and the northern plains. this is a scene in sheraton, which. winter has hit sheraton in a big way. whiteout conditions and the snow is falling. truckers are saying they are having a tough time getting around in this. >> as soon as you hit the tunnel, on the other side of the tunnel it's all over.

martha: meteorologist maria molina is live with us on this huge storm. >> reporter: it already produced more than 30 inches of snow. and the storm system is still producing snowfall out here. take a look at what additional amounts we are expecting. you are looking at locally up to 18 inches of snow in some spots. generally 3-6 inches. portions of the midwest also expected 6 inches in addition to what you have already seen. with this storm system we are seeing cold temperatures. this is currently wait feel like when you head out the door. at 16 degree below 0 degree. in minot, north dakota, it feels like minus 14 degree.

actual high temperatures will be bitterly cold. we are looking at highs in the single digits. your actual high temperature in billings, moth, we'll be seeing moisture coming out of the gulf of mexico and it will be interactioning with that of producing -- interacting with that and some spots could see half an inch of ice that's a huge concern for power outages and travel on the roadways. keep an eye out for this thursday, friday and into the weekend. martha: thank you very much. bill: old man winter, we have been waiting for him, man, oh, man. what could be a nuclear scare right on our border.

why agents are doing everything they can to find a missing delivery truck. martha: accusations being thrown at the white house for sidestepping the u.s. constitution and what an example it sets for all americans if we were to ignore the laws of the land. >> when the people come to believe the government no longer constrained by the laws, they will conclude neither are they. across america people are taking charge

of their type 2 diabetes with non-insulin victoza®.

for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen. and the needle is thin. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adultth type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting

or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans.

bill: a truck carrying extremely dangerous radioactive material has been stolen in mexico. casey stegall is watching this. what do we know? >> reporter: we are talk about something called cobalt 60. it's stored in these cannisters. these are not the specific cannisters that are taken. this is common material. it's radioactive material used for cancer treatment. so it was being transported from a hospital in tijuana in far northwest mexico taint was being taken to a radioactive waste storage center when the district was on, everything was stolen in a small town near mexico city. 1,700 miles away deep in

mexico's understand tear year. now the interest fashion pal atomic energy agency said it was properly shield on this truck at the time, but they are saying if that shield is removed for any reason or if is it damaged it could obviously be extremely dangerous. bill: you worry about this getting into the wrong hand. but what would somebody do with this material? >> reporter: the director general of this group specifically mentioned cobalt 60 in one of his speeches at a nuclear summit. specifically saying these materials up as cobalt 60 could be used along with conventional explosive to make a so called dirty bombs. dirty bombs detonated in a major city could cause mass andic and

have environmental consequences. we should mention we are just getting off the phone with the u.s. department of homeland security. also watching this closely. they say border patrol is aware and i.s. border patrol is equipped with special material to detect maid ohio active material and something they are have much keeping a close eye on. harris: we told you earlier about a house hearing over what some are calling a power grab by the president. questions about whether he's pushing the constitution aside. picking and choosing which law he wants to enforce. and changes he wants to make to healthcare. what does that mean if america can't stop sit. >> what does america look like we have executive upon executive who build upon this continual

stretching of the constitutional restraints and article one. >> i have great trepidation where we are heading. we are creating a new system. we have this rising fourth branch in a system that is tripartid. in that system you have the rise of an uber president. there could be no greater danger for individual liberty. i think the framers would be horrified by that shift. >> if the people come to believe the government is no longer constrained by the laws, they will believe neither are they. this is a dangerous thing for the president to do to impose obligation on people that the legislature did not approve. martha: powerful testimony in there yesterday. i'm joined by bob goodlatte, the chairman of the house judiciary

committee that held that hearing yesterday. give everybody at home the background as to why you felt it necessary to have this hearing in the first place. >> i think the public has a growing awareness but not as aware as i think they should of the growing assertion of power by this president to do things to change law. that's not his responsibility. that's the congress' clearly delegated responsibility. even with obamacare, his sitting legislation, when he d with his signature legislation when he find things he doesn't like he rewrites the lay. it's not just in healthcare issue, it's in regard to immigration, epa regulations. martha: the extension of the employer mandate and moving the money that was suppose to be use forward prevention over to the creation of exchanges.

and the critics believe that neither one of those things was in the law. when you look at article two, section three, it says the president shall take care the laws be faithfully executed. that's his job to carry out the law passed by congress. i'm sure that the president who was a constitutional professor himself would say he is well within the law and others might point to previous executive orders and say presidents do this all the time. >> i think our constitutional law professor president needs a refresher kearse on the separation of powers in our united states constitution. clearly it is the congress that's dell gate that authority. the phrase you just referred to to faithfully execute the laws. presidents do have authority to exercise discretion.

but when you rewrite a law to say we are going to take it vast majority of americans under this and extend for a year the timetable under which the employer have to comply, which by the way i and others agreed with delaying that and passed a bill to do just that. however, instead of saying that's great.the president threo it and went ahead and did the on his own. martha: as you just say, in some of these cases these are things members of congress wanted but for some reason the president didn't want to go through that route. he wanted to pass it on his own and move it through. what happens with all this now. you brought more attention to it. these stunning quotes yesterday. what happens now? >> we'll continue to ray public awareness about the issue.

there are a number of remedies. obviously congress has the ability to cut off fund. we have the ability to hold these kind of hearings and shine a spotlight. people in general can bring lawsuits. there is a discussion about amending the law to improve the standing of the county self to bring lawsuits challenging abuse of authority by the executive branch. but the most important thing is to raise the awareness of the american people and this need to be bipartisan. we need to have more people standing up not for the particular policy issue that they like or dislike. after all, jonathon turley, he is a supporter of obamacare but he's concerned about the way the president is exercising his authority. martha: how many democrats do you think you would have on board? >> at this point in time not many if any. but hearings like this help to bring the question to bear.

it's about the poirt of the congress, the elected representatives of the people to write the laws of the land as the constitution intended. that process is not a pretty one or easy one. there are hard fought debates and lots of negotiations. butted the fact of the matter that's how our system is designed. if the president can by pass that and write it himself. he doesn't have a debate in the oval office about what he wants to do. he does what he wants to do and then you no longer have representative democracy. martha: you raise some important points and their testimony yesterday was stunning in its scope. thank you very much for being here. bill: we are asking on twitter today that same question about constitutional bounds @marthamaccallum or bill hemmer. president obama says obamacare is working. we'll debate that in moment.

martha: a man trapped in a ship at the bottom of the ocean. he was able to stay alive for three tase under the water. wait until you see this unbelievable rescue.

>> the bottom line is this law is work and will work toibt future. people want the financial stability of health insurance and we are going to keep on working to fix whatever problems couple in any startup, any launch of a project this big that has an impact on 1/of our economy, whatever couples we'll

just fix it. bill: how about that. a sunny look at obamacare as the president kicks off a media blitz to fix healthcare. alan colmes and tucker carlson, we have four minutes, so start your ebb jins. it's working, right? the lawn' of any product this big has an impact on 1/6 of the economy. why wasn't this done three years ago. >> this is a man who believes in word above all. he's not trying to convince anybody. they are trying to reassure his own base. he's speaking only to democrats. no one else is being won over by his. by this. talking about immigration and --

>> they are so invested in it not work they can't admit it is working. bill: is it working in your view? >> yes, four times as many people registered in november. the participating states doing the exchanges, they are doing very, very well. the red states that are not participating are doing very well. this is what republicans say they wanted, local control. bill: it's working but we can't keep it secure. it's working but we have to bail out the insurance companies. it's workings but the carveouts and the exemptions are as long as your arms. >> the congressional budget office said we'll save billions of dollars in medicare and medicaid. >> part of that is right. but there is no chance this will

save money. that's a joke. this will shove millions of people into medicaid and the current crisis is where these doctors are going to treat these people. >> all of a sudden you care about the 2 per to 5 per who are not doing as well as they can. >> i many just predicting what is going to happen. you will see doctors opting out because they are not getting paid enough. so who is going to treat these patients. bill: siegel has been talking about that before the bill was even signed into law. this thing should have been the you autobahn. >> this is not about a website. the affordable care act started in 2010.

and what republican idea to have no lifetime limit or keep people on the insurance plans until they are 26. >> it is not my inclination to defend republicans. only to points out the obvious, they had nothing to do with this. one republican voted for it. this is wholly obama's. >> this is something they will applaud him for. >> the country may be so distorted. we become so accustomed to the welfare state that we love obamacare. shoving people into medicare without enough doctors doesn't work. bill: it sounds great on paper. but reality implementation. >> the implementation of

medicare, medicaid and social security was very rough. eventually they work if they love it. >> it's about the core idea which doesn't work. nothing in any -- you have never had a social program pass on a party line. >> i would like to see what we do with canada. bill: gentlemen, thank you. i can't wait until next week. tucker, alan, good luck on the autobahn. martha: a team of divers on a recovery mission searching for bodies. they did not believe the they would find anyone alive. this man trapped in an air pocket for three days. some people calling this a miracle.

martha: a fisherman was trapped in a ship for days. divers are looking to see what they can find. most expecting to find bodies until necessity found a hand reach toward them. david lee miller is here covering this incredible story. it sounds like a miracle. >> he was given up for dead.

his relatives were told he did not survive after a tugboat where he worked as a coat cap side off the coast of nigeria. he thought he was going to die, but that's not the way things turned out. the entire rescue was caught on camera and has become an internet sensation. he was trapped for days in 100 feet of water. then they saw his hand reaching out into the murky waters of the atlantic. >> what's that? >> he's alive! he's alive!

>> reporter: he was the only one aboard that tug that survived. martha: it's an incredible story. how did they bring him to the surface? >> one of the first things they did was use warm water to warm up his body temperature. the temperature of the ocean was just above freezing, another nourishment he had for three days was a single bottle of soda. he was given an oxygen mask and put in a decompression chamber. the diver who rescued him was shocked to find someone alive but he did his best to keep okene calm. that rescue took place last may but it has only now become widely reported after the diving company released the video.

this is a video that has really now been seen around the world. martha: those are real hero that work there. david, thank you very much. bill: imagine the moment when they saw a human hand. it's the new line for the white house. whose to blame for obamacare? the president says it's the republicans. now the republicans are responding. ego on almost every friday night and repeals different pieces of the law. so he knows the bill won't he needs to get out to the american public and listen to what's going on.

>> the president with a new push of what he calls a danger to the american dream.

the president is going back to income, inequality and what he believes needs to be done. >> he is going to speak in the next hour. expected to say the separation of wealth in this country is a danger to the american dream. ed henry is live. good morning to you. yesterday pushing health care and now a pivot, what explains this? >> this is going back to the 2008 campaign with joe the plumber. that means redistribution of wealth. it is all about higher taxes on the rich. he thinks he has a mandate to push higher taxes to the rich and more spending on education. he calls it investment in the

p priorities. and he sees his time in the office evaporating. the president tried to say the talk about the economy ties in health care. >> any launch of a project this big. because we know that the ultimate goal/aim is to make sure that people have basic security and the foundation for the good health they need. >> white house officials saying this talk of income inequality will be a focus of the final three years in office. you noted at the health care event he said making sure republicans didn't repeal the

health care law. it is a crowded agenda and hard to figure out what is his top priority. >> you have to imagine republicans will push back. >> absolutely. they have pushed back on his tax policies and new spending, the president calls it investment, but they have pushed back on the idea that this is adding security to the middle class because you have millions of americans trying to figure out if they will have health care or are paying higher premiums. boehner said this yesterday: >> the house is listening to the american people. whether it is the economy, jobs, or protecting the american people from obamacare, we have done our work. look at the number of the bills passed by the house and by the

senate and you can see the problem. >> you can see him pointing the finger at democrats not getting done. and there are studies showing the republicans have gotten little down and it is one of the least successful congresses. >> here we have with more on this. chris is here, host of power play. we have been listening to what ed henry said. he has talked about everybody getting their fair share and that translates into giving more fair share away and those getting a shake. are the middle class more security under these paoliciepo?

>> this isn't a separate piece. he is not pivoting away from anything. he is talking about income redistribution. his health care law is red redistribution and the power to take from those who have insurance to give to those who don't. it is redistributive policy. he is talking to the base of the base. his message is i am keeping the law and going to take from others to make it more fair. the president has managed a couple tax increases. those are nothing compared to the redistribution in his law.

it is appalling to a lot of americans. but the american people are not happy with it. >> here is the exchange he mentioned with joe the plumber. >> what your name? >> joe. i am going to buy a company that makes $75,000 a year. your new plan is going to tax me. i need to buy another truck and build the company and i am getting taxed more and more. >> i don't want to punish your success, put i want to make sure everybody who is behind you has a chance like that, too. everybody is so pinch that business is bad for everybody. when you spread the wealth, it is good for everybody. >> and that is fine from a

political point of view as the president talked about rich people like mitt romney and he used his opponent and john mccain's family and talked about shouldn't rich people like romney be compelled to give more to help those who are not as lucky. middle class, ordinary, regular folks, not even buying plumbing companies, but trying to make ends meet to pay for their own health insurance are being thrown out plans and if they can fight themselves through the website, they can find plans they can't afford. >> just about out of time. but your column today is

beautiful and dark in that it discusses your dad and politics today. tell us about that. i urge everybody to read it. >> i wanted to point out my father loved politics and it was a big part of his life. but the politics we have today is probably not worthy of mention in the context of his life. the state of politics and political discourse wasn't worthy of him even though it was such a passion in his life. it meant a lot to write it. >> i know you lost him about a year ago. sorry for your loss. it talked about the cold marketing that politics has become as it is gearing for a narrow piece of america. you can get that in your e-mail

if you sign up for the daily news later. go to website and put your e-mail in there to get that. >> obamacare is the rage on capital hill. three hearings underway right now. the house is investigating whether or not the federal government is overstepping its authority. ways and means having a hearing on the laws and effects on the american people mostly the cancelation of policies and looking into how changes in medicare will effect the doctors and who is paid less under obamacare. >> old man winter is blowing out there. the west has bitter cold, high winds and heavy snow. the is packing a punch and expected to last through the weekend. homeless shelters in denver

expanded their hours. snow plows working 12-hour shifts. police warning to take it slow out there. >> good morning from castle pines, colorado. we are 30 minutes south of denver. take a look town here you can see over an inch of powder on the south side of denver and up to the north six inches has fallen and more up in the mountains. i-25 is behind me and traffic is moving at a snail's pace this morning. we checked in with the colorado department of transportation and they said roads are treacherous. at the denver airport, things are looking okay.

we checked in with them and they told us there are very few de y deray -- delays -- it is five degrees in the metro and temperatu temperatures will drop tonight. we're talking overni povernight 14 degrees. >> it is cold outside, baby. >> the roads can be scary out there. day two of the efforts to resell obamacare. it will take a lot more than a speech to take the sell. >> five million people have lost health insurance under

obamacare. he can give all of the speeches and rhetoric he wants, but he can not repeal reality. these are real people who vote. >> we will debate that fair and balanced >> and a chain reaction on a highway. 130 cars involved. what a mess. we will show you that. >> also, change and strategy at the white house. defensive to offensive and reaction from republican kevin mccarthy. >> the more american learns of the plan the more they are opposed to it and that is why republicans are fighting for a patient driven health care system. system. and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor.

our commitment has never been stronger.

>> dense fog causing a disaster on a highway in belgium with more than vehicles involved in three separate pile-ups.

one driver killed and several others injured. >> union leaders are going to court after detroit was ruled to go ahead with the bankruptcy planned and now the city has the right to cut pensions for thousands of retirees. look at the numbers folks: they are facing a crushing level of debt. $18-$20 billion. budget deficit $380 million. 17.7% unemployment rate and a quarter of a million people have dropped from the population and down to 700,000 people today. matt, obviously no one wants to see the pensioners who have been used to living on a concern check get less, but it doesn't

seem like there is any choices here other than that. >> i don't think anybody wants to see something relying on the pension check to pay their mortgage or food on table, but at the same time, i don't know where the money is coming from. the for ever cents detroit is bringing in 45 cents is going toward debt and it is going to go up to 60 cents they say. >> we have seen this across the county where public unions have cut deals with the government. they are i scratch your back you scratch mine. and that is how this ballooned into this situation where they made promises they can not keep. >> a lot of deals took place a

long time ago. but you are running out ouf mof money. detroit, for example, has twice as many pensioners as they do employers in the city. it comes done to math. you have to bring in x-amount of dollars to bring in x-amount of doctors. and in chapter nine pensions are not covered. think about los angeles, chicago, philly and three other cities that could see this coming up >> illinois is starting to make changes. tell us about what they are doing? >> you have to see some of the unions make concession. if you don't see them doing that now, the ultimate end is bankruptcy. when it comes to a lot of

cities, the union leaders have to sit down and say we are in dire situations. we have to negotiate or we will end up in the same issues of detroit and then the is out of their hands. in detroit, it is out of their hands. the bankruptcy judge has to approve it. but the union leaders have to sit down, put their pride aside and say let's come to a conclusion that can help all of us. >> it may hopefully, ultimately safe a great american city and that is what is at stake here. and others should watch closely >> new concerns every the security of the health care site. specifically there is no security. >> i think he could get points and instead he has decided we are doing this no matter if

people are loosing personal information >> what the tech experts are saying about the site security after the reboot. >> and a first piano deal that has fans buzzing. and one fan in particular. >> he is like on top of the piano. farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you?

thanks. what?

>> bill and i knew all of the words that led to this song and i bet you know it, too. >> 16 minutes long. >> and we will sing it all after the show. billy joel is setting up shop in the heart of had the big apple. he is doing an open ended gig in madison square garden. the new residency is kicking off in january and shows through may. it is great way to connect with fans and his favorite place to play. >> madison square garden was new york to me. it is the place where artist becomes stars. there is no better venue in the world. best audience, best reputation and best acoustics. >> it is a big place and i would

definitely sign up to see one of those shows >> i don't think he is going to make any money on this. >> you don't think so? sdwl >> how much are tickets? >> good question. you will scalp the tickets to make more. >> new concerns on keeping data safe on the website program is still a problem. america's mayor talked about that. >> it is supposed to be protected. everybody feels if they have to give out their health care records they should give them out. people are afraid to have their health care records online because of the hacking problem. this is doing damage and not just the obvious. >> and that is why they are having heroes again. mike emanual is watching them on

the hill. >> there are several hearings underway on the house side and looking at the rollout of the highlight care site and looking at the limitation of big governments. over in the house ways and means comm comm comm comm commit -- committee -- they are looking for the health care site. >> just yesterday i logged in to the washington, d.c. exchange and got an error. we do not have either the front end or back end not just in the federal system but in systems that feed into it ready. >> the president's health care law is looking at security

concerns and the challenges many americans are facing as the policies are being canceled or premiums going up. >> i think the most interesting witnesses are the tech experts who come in and talk about their experience. what are they saying or their grading records? >> they have serious concern and mike roger is telling our colleague that the health care wb site is getting attacked thousands of times a day by those seeking unauthorized access. a security expert used the analogy of a house with foundation that is cracked. he said with all of the private information we are putting on this website and aspects of

other areas of the government there is great danger of being exploited. >> it can called pivoting. and once the hacker hacks the website, he gains it and goes to other areas to attack other parts of the infrastructure. >> he makes the case that security should be done first and goes out from there. he said there is a great target there in terms of hackers and organized crime and personal governments getting our information and looking around internally into the government. >> three hearing underway today. >> listen up today, ron burgaeny was landed a big interview. president obama's powers

under scrutiny and republicans calling it a power grab. >> yngz i think the president has decided congress can't control him, he is going to tax if we wants to, right regulations if he wants to. decided congress can't control him, he is going to tax if we wants to, right regulations if he wants to.

>> the white house is blaming republicans for blocking

obamacare. i talked to kevin mccarthy about that a little while ago. welcome here and good morning. >> thanks for having me. >> here is the president from yesterday: >> i have always said i will work with anybody to implement this law. you have good ideas? bring them to me. but we are not repealing it as long as i am president. and i want to be clear about that. >> taking a step at a time. if you have good ideas bring them to me. >> we brought lots of ideas. we have a couple bills out there. but the first thing i would is do is health care across state lin lines. i would let small businesses pull together. but the problem of this legislation is you cannot fix it. government doesn't do an

effective job. more people have lost health care than signed up. the plans have increased the cost. some studies showing more than 41% some states showing five states are at a 100%. i don't think the plan can be fixed. this needs to focus on the patient having control of their health care instead of government. >> you heard him saying we are not repealing the law. it is obvious the democratic attacks have shifted to the republicans you are the problem, you are in the way, you are the obstruction. how do you respond to that? >> that is so not true because if you watch from the process of what the president has done, he is going on almost every other friday night and repeal as piece of the bill himself. he signed seven bills to repeal it and knows it will not work.

he needs to listen to what is going on. a new gallop poll came out saying the more people know the stronger they disapprove of it. it is more than website, and the idea you have sky rocketing cost and you are not lowering the premium, but a lot are finding out they can not have the same doctors. >> on the doctor's point, pol politico says doctors are coming next. >> i believe this is coming in three waves. the first was the website itself. it is still not fixed. the second wave is the trust of the white house isn't true. if you have hour health care you can keep it and that was a lie. and the third one is going to be had cost, the tripling of your deductibles and more importantly a lot of people are going to

find out their doctors and hospitals are not in the network. this is the third strongest wave and i think the president is going to have to look at his legislation not working. he has to put the american people first and say we want to have health care in america that lowers premiums and we have to start with a patient-driven system. >> you mention three points and what is the effect of the three points in 2014? >> each one is getting stronger if you watch from the american public. more people that know about it more people dislike it. more people have lost health care than signed up for hilary clint clinton -- health care -- i think it is going to be a strong message. >> the insurance companies and federal companies are getting together and they will receive

payments based on estimates for what they believe the insurance companies should make. what does that mean? >> i think that means the white house is working with the big insurance companies to pay whatever money they can. look how much money he spent on a website. some people have estimates of a billion dollars t. it is amazing the waste that is going on. look at the patient-relationship with the doctor. that is where i would start. start looking after the patient and put americans first and politics aside. >> we are not repealing it as long as i am president. the words of president obama yesterday. >> from one anchor man to another. ron burgundy interviewing peyton

manning. >> you are one of the great quarterbacks playing the game today. you have had a lot of success and done it with without a mustache. you look like a baby lamb out there. >> i never had much of a desire to grow face hair. eli tried to grow one a while back. >> i saw that. it didn't look well. >> do you think manning's words is scripted? he is a good actor >> i feel bad for the folks in the interviews with ron. >> do you think ron has botox in his forehead? >> check it out coming soon to

theaters near you. we are enjoying the ride so far >> putting money in the swear job. which state in america swears the most? >> i bet i know. >> and charles weighing on the president's plan to fix the rollout and we will have a fair and balanced debate. >> he can say all he wants but unless the reality is changing and that requires all of the elements to be undone and fixed. which i think is highly improbably unless that happens this does turn into a fiasco.

>> the states where people are

most likely to curse are being suggested. the great state of ohio is number one. you go buckeyes. mary land is two and new jersey is number three. both of our home states are in the top list. carolina is the most courtesy and mary land is the number three because they do it polightpolite. >> people from south carolina are no nice. and people from new jersey are nice, but they have a different way of showing it. >> when you are driving on the turnpike over there, there is a tape recorder in my car. >> i was suggesting the ohio state-michigan game drove up the numbers. >> president obama isn't

swearing, but going on the offensive and shifting the blame to republicans. but as charles pointed out you cannot make folks believe something by saying so. >> obama thinks he can repeal reality with rhetoric. he can campaign well. that is undeniable. he is one of the greatest in america history. his trouble is he has trouble g governing. it isn't going to work on people getting cancelation notices. >> we have our panel here to discuss this. welcome to you both. good morning. good to have you. jul julie, that is the big question, the president talked tough and said i will not repeal this in

my presidency but if you have good ideas, bring them at me. >> well the reality is >> will it work? >> in the sense that republicans don't have the votes to repeal it, but i would say what do you say to the people that had pre-existing conditions and couldn't get health care before the bill? and subject to rescission which means if you have cancer they can throw you off. all of those things are addressed by obamacare so understand the concern. this bill isn't perfect, but there are elements that if it were to get repealed you would have to say to people that your benefits don't exist, you are sick and you don't have insurance anymore. >> i think the question is whether or not we heard valerie say we will grind it out until

we get to the point where everybody is used to it and per h perhaps many say i thought it was going to be worse. >> the administration set expectations very high for the law. and it has been a mess with the website and cancelation letters and the premiums they are paying, they will have to fight battle because the law is falling apart in the early rollout. and the problem the president has is he has lost creditability. poll after poll showing the majority of americans don't find the president to be honest. he was doing well and now people are saying you said if i like my plan, i can keep it. that isn't true and i cannot trust you. people are not giving him the benefit of the doubt and it is going to be how the law plays out in people's lives that will

define how they feel about it. >> the president said if you have an idea bring it to me. they are not seeing the president rolling up his sleeves and getting down to work on this and saying let's figure out what people are unhappy about, what they are happy about, and we want to insert something like that for those who feel nervous and throw in he is sorry he told them he could keep their plan and they couldn't, there is always a reaction of speeches. >> you are right. the rollout has been a debacle and those that support it are devastated. i will say it sound like after the debacle unfolded they did roll up their sleeves and fixed the website and addressed other issues including telling insurance companies not to

cancel notice if they so chose for people that were going to lose their doctors and insurance. this isn't a perfect law and i think anybody that wants to say this is a perfect law is fibbing you. but at the same time it isn't the travesty that republicans have said because they have not come up with a plan to address health care. let's come up with a plan if you want to repeal it. and not like buying insurance across state lines. that is a fine idea. >> that idea was rebuffed by the president. what about tort reform? another issue a lot of people are open to but the president is never open to those ideas. >> those things in and of themselves will not insure 40 million americans.

>> five million people don't have plans? people are outraged about this. everywhere i go it is the topic of conversation. and then the president gets up and gives the speech and i can i think people say they feel like they are getting hit so many times maybe it will feel better once stop t stop? >> what i keep finding is that up until this point even the things the president hasn't been perfect, swing voters are giving him credit for trying. no longer is trying enough. and as people are realizing, julie and democrats talk about the winners, but there are a lot of losers and people who are going to be worse off and as the stories coming out and this is becoming proved this isn't republicans crying wolf, democrats are in the touch position because trying isn't enough when people are loosing care and doctors.

>> we will get a real feel for the winners versus the losers in the 2014 election. and that is whether we wi-- whe we will see how it plays out. thanks julie and christian. >> how are you john? >> good morning to you thch? the spotlight is on the affordable care act and the president is selling it again. we will talk with carl rove about the reset attempt and the open speculation from the new york times on whose heads will roll. and the lack of protection on the health care site. and a new study says there is no such thing as fat and fit. the growing tensions it china and how renewable energy is the

problem. >> thank you john. an amazing discovery raising questions about the universe and the possibility of water on five more planets. some are way out there. farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing.

so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

>> this is a story you will not see every day. a hundred-year-old california woman gets her citizenship. after turning 100 she was sworn

in. she spent most of her live in hong konkong. welcome to america! >> a scientist making a discovery that uses the hubble space telescope. could there be water on five more planets? >> a good day for the universe. >> what do they think they found? >> they are looking at the shadows of planets moving in stars and they are about a million times as far away as

pluto. this is a long way out. they are looking at the shadow of the planet and the light of the star going through the air around the planet and measuring the gases. they were finding it is like a shadow of a shadow looking to see what is there and what are they made of. >> taking an image and putting it together like a puzzle. could there be life out there? >> on these particular planets, they are easy to look at and they are not great for live. they are big, gassy and hot. but there is water in the systems. we know that now. and woo are woo -- and we are sure there are planets circulateing the other stars.

>> we know how to look for it. that is a big change.ing the ot. >> we know how to look for it. that is a big change. what next? >> right now we can only see the weird giant planets in five-ten years i might be telling you see found a planet the size and temperature of the earth. >> more to come? >> yes, we are about to crack big mystery. >> the puzzle is together. thank you. >> all right. so we are waiting for comments from president obama on the sxae economy and why he believes the situation is a threat to the american dream.

>> last hour i gave you my take on dennis lasky being released from prison. he was over the top and very hard to like. if you were in government, he would've would have been a hero, that is one what one of our viewers said. and we have a tweet. charles says he was the boy for corporate greed and he set the tone against corporate america. >> all the different problems out there, the punishment was egregious, but it was just the wrong place at the wrong time. charles, thank you for joining us.

bill: coming up next, cutting tensions in detroit. the next question becomes what happens to those city retirees who have been clinging to those benefits. and the president is pushing this hour for higher minimum wage and charlie rangel is here to talk to us about that. >> remarks from the president and what he calls the defining issue of our time. just moments from now, his speeches would focus on income and inequality. the growing gap between the rich and poor. also, the economic benefits of obamacare. the white house is promoting this